Gallagher v. Merritt-Chapman & Scott Corp.

FOLEY, District Judge.

Defendant Merritt-Chapman & Scott Corporation moves to dismiss the complaint herein pursuant to Rule 12(b) (6) of the Federal Rules of Civil Procedure, 28 U.S.C.A. This subdivision gives the option to attack the complaint by motion for failure to state a claim upon which relief can be granted. The Merritt-Chapman & Scott Corporation moves for the relief requested in its own behalf. The attorney for the defendant Dexter Sulphite Pulp & Paper Co., Inc., by telegram read into the record on the return day of the motion does not oppose to any extent the motion of its fellow…